[Federal Register Volume 60, Number 158 (Wednesday, August 16, 1995)]
[Notices]
[Pages 42532-42535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20213]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
[C-549-802]
Ball Bearings and Parts Thereof From Thailand; Preliminary
Results of a Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of preliminary results of countervailing duty
administrative review.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the countervailing duty order on ball bearings
and parts thereof from Thailand. We preliminarily determine the total
bounty or grant to be 1.33 percent ad valorem for all companies for the
period January 1, 1993, through December 31, 1993. If the final results
remain the same as these preliminary results of administrative review,
we will instruct the U.S. Customs Service to assess countervailing
duties as indicated above. We invite interested parties to comment on
these preliminary results.
EFFECTIVE DATE: August 16, 1995.
FOR FURTHER INFORMATION CONTACT: Dana Mermelstein or Kelly Parkhill,
Office of Countervailing Compliance, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, D.C. 20230, telephone:
(202) 482-2786.
SUPPLEMENTARY INFORMATION:
Background
On May 3, 1989, the Department published in the Federal Register
(54 FR 19130) the countervailing duty order on ball bearings and parts
thereof from Thailand. On May 4, 1994, the Department published in the
Federal Register a notice of ``Opportunity to Request Administrative
Review'' (59 FR 23051) of this countervailing duty order. On May 31,
1994, Torrington Company, the petitioner, requested an administrative
review of the order. On May 31, 1994, Pelmec Thai Ltd. (Pelmec), NMB
Thai Ltd. (NMB Thai), and NMB Hi-Tech Bearings Ltd. (NMB Hi-Tech), the
respondent companies in prior reviews, also requested an administrative
review.
On June 15, 1994 (59 FR 30770), we initiated the review, covering
the period January 1, 1993, through December 31, 1993. The review
covers nine programs and three related producers/exporters, NMB Thai,
Pelmec, and NMB Hi-Tech, which are wholly owned by Minebea Co., Ltd.,
of Japan.
Applicable Statute and Regulations
The Department is conducting this administrative review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act). Unless otherwise indicated, all citations to the statute and
to the Department's regulations are in reference to the provisions as
they existed on December 31, 1994.
Scope of Review
Imports covered by this review are ball bearings and parts thereof.
Such merchandise is described in detail in Appendix A to this notice.
The Harmonized Tariff Schedule (HTS) item numbers listed in Appendix A
are provided for convenience and Customs purposes. The written
description remains dispositive.
Calculation Methodology
In the first administrative review, respondents claimed that the
F.O.B. value of the subject merchandise entering the United States is
greater than the F.O.B. price charged by the companies in Thailand (57
FR 26646; June 15, 1992). They explained that this discrepancy is due
to a mark-up charged by the parent company, located in a third country,
through which the merchandise is invoiced. However, the subject
merchandise is shipped directly from Thailand to the United States and
is not transshipped, combined with other merchandise, or repackaged
with other merchandise. In other words, for each shipment of subject
merchandise, there are two invoices and two corresponding F.O.B. export
prices: 1) the F.O.B. export price at which the subject merchandise
leaves Thailand, and on which subsidies from the Royal Thai Government
(RTG) are earned by the companies, and upon which the subsidy rate is
calculated; and 2) the F.O.B. export price which includes the parent
company mark-up, and which is listed on the invoice accompanying the
subject merchandise as it enters the United States, and upon which the
cash deposits are collected and the countervailing duty is assessed. In
prior reviews, we verified on a transaction-specific basis the direct
correlation between the invoice which reflects the F.O.B. price on
which the subsidies are earned and the invoice which reflects the
marked-up price that accompanies each shipment as it enters the United
States.
Respondents argued that the calculated ad valorem rate should be
adjusted by the ratio of the export value from Thailand to the export
value charged by the parent company to the
[[Page 42533]]
U.S. customer so that the amount of countervailing duties collected
would reflect the amount of subsidies bestowed. The Department agreed
and made this adjustment in prior administrative reviews (57 FR 26646,
June 15, 1992; and 58 FR 36392, July 7, 1993). Since the mark-up is not
part of the export value upon which the respondents earn bounties or
grants, the Department has followed the methodology adopted in prior
administrative reviews, and calculated the ad valorem rate as a
percentage of the original export value from Thailand and then
multiplied this rate by the adjustment ratio--the original export value
from Thailand divided by the marked-up value of the goods entering the
United States.
We did not calculate a separate rate for each company because NMB
Thai, Pelmec, and NMB Hi-Tech are wholly owned by one parent company,
and are therefore related. See Final Affirmative Countervailing Duty
Determination: Grain-Oreiented Electrical Steel (GOES) from Italy (59
FR 18357, 18366, April 18, 1994). As a result of this relationship, we
considered the three companies as one corporate entity in our
calculations. We calculated the bounty or grant by first totalling the
benefits received by the three companies for each program used.
Dividing these sums by the total Thai export value for the three
companies, we calculated the unadjusted bounty or grant for each
program used. As described above, we adjusted these rates by
multiplying them by the ratio of the original export price from
Thailand to the marked-up price of the goods entering the United
States. Finally, we summed the adjusted bounty or grant for each
program, to arrive at the total country-wide bounty or grant.
Analysis of Programs
1. Investment Promotion Act of 1977 - Sections 31, 28 and 36(1)
The Investment Promotion Act of 1977 (IPA) is administered by the
Board of Investment (BOI) and is designed to provide incentives to
invest in Thailand. In order to receive IPA benefits, each company must
apply to the BOI for a Certificate of Promotion (license), which
specifies goods to be produced, production and export requirements, and
benefits approved. These licenses are granted at the discretion of the
BOI and are periodically amended or reissued to change benefits or
requirements. Each IPA benefit for which a company is eligible must be
stated specifically in the license.
The BOI licenses for Pelmec, NMB Thai and NMB Hi-Tech all
originally included export requirements. In the Final Affirmative
Countervailing Duty Determination and Countervailing Duty Order: Ball
Bearings and Parts Thereof from Thailand (54 FR 19130; May 3, 1989), we
determined that because the receipt of benefits under the IPA licenses
was contingent upon export performance, these benefits were
countervailable. However, effective January 1, 1990, producers of
electronic parts (BOI Category 4.6) became eligible to apply to have
export requirements eliminated from their BOI licenses. Most of the
subject merchandise is classified by BOI under Category 4.6, and
consequently, NMB Thai, NMB Hi-Tech, and Pelmec all applied for
eliminations of their export requirements. NMB Thai's export
requirements were lifted effective October 16, 1992, for one license,
and effective November 9, 1992, for its three remaining licenses. The
export requirements for NMB Hi-Tech's two licenses were lifted
effective February 26, 1990, and November 19, 1990. Export requirements
were eliminated from two of Pelmec's three licenses, effective November
9, 1992. However, because the BOI considers some of the subject
merchandise produced by Pelmec under one of its BOI licenses to be
``ball bearings and parts for general industry,'' the export
requirement has not been eliminated completely from its remaining
license. Since export requirements remain in place for certain ball
bearings subject to the countervailing duty order and the subject
merchandise constitutes one class or kind of merchandise, we
preliminarily determine that IPA benefits continued to be tied to
export performance for manufacturers of subject merchandise during the
review period.
Effective April 1, 1993, the BOI issued new policies and criteria
for investment promotion in BOI Announcement Number 1/1993. Under BOI
Announcement Number 1/1993, tax and duty privileges for promoted
projects approved after April 1, 1993, are contingent upon location of
the promoted company in one of three types of investment promotion
zones. Through BOI Announcement Number 2/1993, which also became
effective on April 1, 1993, the BOI revised its list of activities
eligible for investment promotion. In this revised list, all types of
ball bearings and parts thereof were reclassified under industrial
category 4.8, ``Manufacture of fabricated metal products, including
metal parts for automotive and electronic products.'' The BOI
Announcement Number 2/1993 specifies that promoted projects approved
after April 1, 1993, and classified under category 4.8 must be located
in industrial promotion zones 2 or 3. Furthermore, export performance
continues to be a requirement for certain IPA benefits in zones 2 or 3.
We preliminarily determine that IPA benefits are countervailable
because during the review period IPA benefits continued to be tied to
export performance for manufacturers of subject merchandise.
NMB Thai and NMB Hi-Tech received benefits under three sections of
the IPA during the review period: IPA Sections 31, 28, and 36(1).
Pelmec received benefits under IPA Sections 28 and 36(1).
Section 31: IPA Section 31 allows companies an exemption from
payment of corporate income tax on profits derived from promoted
exports. NMB Thai and NMB Hi-Tech claimed an income tax exemption under
Section 31 on the income tax return filed during the review period.
Section 28: Prior to 1992, IPA Section 28 allowed companies to
import fixed assets free of import duties, the business tax, and the
local tax. However, effective January 1, 1992, the RTG eliminated both
the business and the local tax and instituted a value added tax (VAT)
system.
According to Section 21(4) of the VAT Act, if Section 28 benefits
were granted by the BOI to a company before January 1, 1992, that
company, when importing fixed assets under Section 28, would continue
to be subject to the business tax provisions under Chapter IV, Title
II, of the Revenue Code before being amended by the VAT Act. In
accordance with Section 21(4), the company would be required to pay the
business and local taxes only if its BOI license requirements were
violated. Section 21(4) of the VAT Act applies to Pelmec, NMB Thai, and
NMB Hi-Tech because all of their licenses were granted before January
1, 1992, and contain Section 28 benefits. The respondents argued in
their questionnaire response that given the provisions of the VAT Act
and, specifically, Section 21(4), their exemption from the business and
local taxes no longer constitutes a benefit to the companies because 1)
no other companies are required to pay the business and local taxes,
and 2) under Section 21(4), payment of the business and local taxes
serves only as a penalty for noncompliance with BOI license
requirements. We verified that under the new VAT law, companies are no
longer required to pay business and local taxes with the exception of
the
[[Page 42534]]
noncompliance penalty noted above. For these reasons, we preliminarily
determine that the business and local tax exemptions under Section 28
no longer constitute a countervailable benefit for companies subject to
Section 21(4) of the VAT Act.
However, under provisions of Section 21(4) of the VAT Act,
companies that were granted Section 28 benefits under the IPA before
January 1, 1992, are not required to pay VAT on imports of fixed
assets. In the 1992 and 1993 administrative reviews, the respondents
argued that this exemption from VAT on imports of fixed assets did not
constitute a benefit to the companies because all companies are
effectively exempted from VAT on their imports of fixed assets.
According to Section 82 of the VAT Act, the VAT liability is computed
by subtracting the ``input tax'' (the VAT paid) from the ``output tax''
(the VAT collected). Consequently, companies that pay VAT on imports of
fixed assets are effectively exempted from this VAT payment as they
receive a credit for the VAT they paid on purchases of all inputs,
including imports of fixed assets, when their monthly VAT liability is
computed. In the 1992 administrative review, we examined this issue at
verification. We confirmed that under the VAT system, companies receive
credit for the VAT paid on the purchases of inputs and, as a result, no
VAT is effectively paid by companies on these purchases. Since VAT
liability is computed on a monthly basis, any possible time-value-of-
money benefit under Section 21(4) of the VAT Act in this review would
be insignificant. On this basis, we preliminarily determine that the
exemption of the VAT on imports of fixed assets under Section 21(4) of
the VAT Act does not constitute a countervailable benefit to the
companies specified in Section 21(4). In future administrative reviews,
however, the Department will continue to examine provisions of the VAT
Act, including Section 21(4), to ascertain that no countervailable
benefits are being provided to manufacturers of subject merchandise.
Since the business and local tax exemptions under Section 28 of the
IPA and the VAT exemption under Section 21(4) of the VAT Act do not
confer countervailable benefits to companies subject to Section 21(4)
of the VAT Act, we preliminarily determine that only the exemptions of
import duties on fixed assets under Section 28 of the IPA continue to
provide countervailable benefits to the respondent companies which were
all subject to Section 21(4) of the VAT Act during the review period.
Section 36(1): IPA Section 36(1) allows companies to import
essential materials (non-fixed assets that are not physically
incorporated into the exported good) free of import duties. Pelmec, NMB
Thai, and NMB Hi-Tech all claimed such exemptions during the review
period.
To calculate the benefit from Sections 31, 28, and 36(1) of the
IPA, we followed the same methodology that has been used in prior
administrative reviews (see, e.g., 58 FR 16174, March 25, 1993; 57 FR
9413, March 18, 1992). For Section 31, we calculated the benefit by
calculating the difference between what each company paid in corporate
income tax during the review period and what it would have paid absent
the exemption. We did this by multiplying the corporate income tax rate
in effect during the review period by the amount of each company's
income that was exempted from income tax. For Sections 28 and 36(1), we
calculated the benefit by obtaining the amount of import duties that
would have been paid on the imports absent the exemption. We then added
all duty and tax savings under all the IPA programs and divided this
aggregate benefit by the total export value of the subject merchandise
(all companies in this review continued to receive IPA benefits
contingent upon export performance under the pre-April 1, 1993, BOI
regulations; therefore, we calculated the benefit using total exports
rather than total sales). We then made the adjustment for the parent
company mark-up discussed in the ``Calculation Methodology'' section
above. On this basis, we preliminarily determine the bounty or grant
from IPA Sections 31, 28 and 36(1) to be 1.33 percent ad valorem during
the review period.
2. Electricity Discounts for Exporters
Electricity discounts for exporters were terminated effective
January 1, 1990. However, because government authorities can defer
action on company applications for up to five years, residual benefits
are possible up to five years after termination of the program. Because
this program was contingent upon exports, we preliminarily determine
that it constitutes an export subsidy.
NMB Thai received such residual benefits during the review period.
We calculated the benefit attributable to these residual benefits by
dividing the amount of the electricity discount by the total F.O.B.
export value of subject merchandise. We then made the adjustment for
the parent company mark-up discussed in the ``Calculation Methodology''
section above. On this basis, we preliminarily determine the bounty or
grant from residual electricity discounts to be less than 0.005 percent
ad valorem during the review period.
3. Tax Certificates for Exporters
The RTG issues tax certificates to exporters of record which are
transferable and which rebate indirect taxes and import duties levied
on inputs used to produce exports. This rebate program is provided for
in the ``Tax and Duty Compensation of Exported Goods Produced in the
Kingdom Act'' (Tax and Duty Act).
The Thai Ministry of Finance computes the value of the rebate rates
under the Tax and Duty Act based on the Basic Input-Output Table of
Thailand (I-O table). Using this table, the Ministry computes the value
of total inputs (both imported and domestic) at ex-factory prices, and
the import duties and indirect taxes on each input. As determined in
the Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order: Ball Bearings and Parts Thereof from
Thailand (54 FR 19130; May 3, 1989), these rebates are countervailable
only to the extent that the remissions of duties and taxes exceed those
actually levied on physically incorporated inputs.
Prior to 1992, there were two rates for tax certificates, the ``A''
rate, which rebated import duties and business taxes, and the ``B''
rate, which rebated only business taxes. Exporters of the subject
merchandise were eligible for the ``B'' rate only. Because of their IPA
benefits, they were ineligible to receive the ``A'' rate.
Effective January 1, 1992, as a result of the adoption of the VAT,
the ``B'' rate was terminated and the ``A'' rate was revised to rebate
only import duties. Accordingly, none of the companies under review
were eligible to apply for or earn rebates under this program during
the review period. Based on prior Department practice, we countervailed
the benefits under the Tax Certificates program at the time the tax
certificates were earned. See, e.g., Final Affirmative Countervailing
Duty Determination: Carbon Steel Butt-Weld Pipe Fittings from Thailand,
55 FR 1695, 1699 (January 18, 1990). All tax certificates received
during the 1993 review period were earned in prior years and were
countervailed in prior review periods. As no tax certificates were
earned during the review period, we preliminarily determine that
producers of the subject merchandise received no bounty or grant from
the tax
[[Page 42535]]
certificate program during the review period.
4. Other Programs
We also examined the following programs and preliminarily determine
that the exporters of the subject merchandise did not apply for or
receive benefits under these programs during the review period:
Export Packing Credits
Rediscount of Industrial Bills
Export Processing Zones
IPA Sections 33 and 36(4)
Reduced Business Taxes for Producers of Intermediate Goods
for Export Industries
International Trade Promotion Fund
Preliminary Results of Review
As a result of our review, we preliminarily determine the total
bounty or grant to be 1.33 percent ad valorem for the period January 1,
1993, through December 31, 1993.
If the final results of this review remain the same as the
preliminary results, the Department intends to instruct the Customs
Service to assess countervailing duties of 1.33 percent of the F.O.B.
invoice price on all shipments from Thailand of the subject merchandise
exported on or after January 1, 1993, and on or before December 31,
1993. The Department also intends to instruct the Customs Service to
collect a cash deposit of estimated countervailing duties of 1.33
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this review.
Interested parties may request disclosure of the calculation
methodology and may request a hearing within 10 days of the date of
publication of this notice. Case briefs or other written comments from
interested parties may be submitted not later than 30 days after the
date of publication of this notice. Rebuttal briefs and rebuttal
comments, limited to issues raised in the case briefs, may be filed not
later than 37 days after the date of publication of this notice. Any
hearing, if requested, will be held seven days after the scheduled date
for submission of rebuttal briefs. Copies of case briefs and rebuttal
briefs must be served on interested parties in accordance with section
355.38(e) of the Department's regulations.
Representatives of parties to the proceeding may request disclosure
of proprietary information under administrative protective order no
later than 10 days after the representative's client or employer
becomes a party to the proceeding, but in no event later than the date
the case briefs, under 19 CFR 355.38(c), are due. The Department will
publish the final results of this administrative review including the
results of its analysis of issues raised in any case or rebuttal brief,
or at a hearing.
This administrative review and notice are in accordance with
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1) and 19 CFR 355.22).
Dated: August 8, 1995.
Susan G. Esserman,
Assistant Secretary, for Import Administration.
Appendix A
Scope of the Review
The products covered by this review, ball bearings, mounted or
unmounted, and parts thereof, are described below.
Ball Bearings, Mounted or Unmounted, and Parts Thereof
These products include all antifriction bearings which employ balls
as the rolling element. During the review period, imports of these
products were classifiable under the following categories: antifriction
balls; ball bearings with integral shafts; ball bearings (including
radial ball bearings) and parts thereof; ball bearing type pillow
blocks and parts thereof; ball bearing type flange, take-up, cartridge,
and hanger units, and parts thereof; and other bearings (except tapered
roller bearings) and parts thereof. Wheel hub units which employ balls
as the rolling element are subject to the review. Finished but unground
or semiground balls are not included in the scope of this review.
Imports of these products are currently classifiable under the
following HTS item numbers: 8482.10.10, 8482.10.50, 8482.80.00,
8482.91.00, 8482.99.10, 8482.99.70, 8483.20.40, 8483.20.80, 8483.30.40,
8483.30.80, 8483.90.20, 8483.90.30, 8483.90.70, 8708.50.50, 8708.60.50,
8708.99.50.
This review covers all of the subject bearings and parts thereof
outlined above with certain limitations. With regard to finished parts
(inner race, outer race, cage, rollers, balls, seals, shields, etc.),
all such parts are included in the scope of this review. For unfinished
parts (inner race, outer race, rollers, balls, etc.), such parts are
included if (1) they have been heat treated, or (2) heat treatment is
not required to be performed on the part. Thus, the only unfinished
parts that are not covered by this review are those where the part will
be subject to heat treatment after importation.
[FR Doc. 95-20213 Filed 8-15-95; 8:45 am]
BILLING CODE 3510-DS-P